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HomeMy WebLinkAboutCity Council Resolution 2001-354CITY OF PLYMOUTH RESOLUTION 2001-354 APPROVING LOT DIVISION AND VARIANCES FOR INDEPENDENT SCHOOL DISTRICT 284 FOR PROPERTY LOCATED AT 16440 COUNTY ROAD 47 (2001068) WHEREAS, an application has been filed by Independent School District 284 which requests approval of a lot division and variances to allow the transfer of land for a fiiture school site for property located at 16440 County Road 47; and WHEREAS, the subject site is presently legally described on Attachment One, attached hereto and hereby made a part hereof, and WHEREAS, the proposed lot arrangement for which the lot division is sought is as legally described on Attachment Two, attached hereto and hereby made a part hereof, and And, WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division and variance request by Independent School District 284 subject to the following findings and conditions: 1. Approval of the lot division and variances allows the transfer of a 20 -acre parcel of land for a future school site, in accordance with the plans received by the City on July 12, 2001, except as amended by this resolution. 2. This resolution approves a variance to allow Parcel B to be created with 1.79 acres and 351.77 feet wide at County Road 47 instead of 20 acres and 500 feet wide as required in Section 21350.13 of the Zoning Ordinance with the finding that the applicable variance standards are met, as follows: Resolution 2001-354 (2001068) Page 2 a. If the strict letter of the regulations were carried out in this instance, the School District would be required to purchase the entire 21.79 -acre site at considerable additional public cost. b. The circumstances related to this request are not generally applicable to other property within the same zoning classification. The School District must acquire land that is centrally located within potential enrollment boundaries. The District found the subject site to best meet this location criteria. c. The variance is not based upon a desire to increase the value or income potential of the land, rather the School District is intending to use the land for public purpose and benefit. d. The hardship is caused by the ordinance and has not been created by the School District. e. The granting of the variance would not be detrimental to the public welfare nor would it be injurious to other property in the area. Schools are part of a community's infrastructure and future development is dependent on provision of this service. f. The variance is not related to the constriction of any building on the property and therefore would not impair an adequate supply of light or air to adjacent property, or increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or diminish property values within the neighborhood. g. The action is the minimum necessary to comply with State guidelines for the size of an elementary school property and leave the current property owners their homestead site. 3. This resolution approves a variance to allow a metes -and -bounds lot division instead of a plat, with the finding that the applicable variance standards are met, as follows: a. Granting the variance would allow the Wayzata School District to acquire an adequately -sized parcel to accommodate a future elementary school to serve anticipated residential growth in Plymouth and Maple Grove. Allowing acquisition in advance of the need for the school would limit the School District's costs for the school site which in turn has a significant public benefit. Granting the variance would also allow the existing homestead and agricultural operation to continue to function until the land is needed for a school. b. The granting of the variance would not be detrimental to the public welfare nor would it be injurious to other property in the area. Schools are part of a Resolution 2001-354 (2001068) Page 3 community's infrastructure and future development is dependent on provision of this service. 3. The School District shall submit the required easements, as specified in the Engineer's Memorandum, to the City for their approval and shall record the documents with this resolution. 4. No building permits shall be issued for either lot until such time as sewer and water is available to serve the lots. 5. When development is proposed on either property, the development application shall conform to all Subdivision Code and Zoning Ordinance requirements, including but not limited to, required platting and wetland and tree preservation regulations. 6. As part of any development of either property, 17 feet of right-of-way must be dedicated to Hennepin County for future improvement of County Road 47. 7. Compliance with the City Engineer's Memorandum. ADOPTED by the City Council on August 28, 2001. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 28, 2001, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Resolution 2001-354 (2001068) Page 4 ATTACHMENT ONE (Existing Legal Description) That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22, Hennepin County, Minnesota, lying north of the northerly right-of-way line of Hennepin County Highway No. 47. Resolution 2001-354 (2001068) Page 5 ATTACHMENT TWO (Proposed Legal Descriptions) PARCEL A (proposed future school site) That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22, Hennepin County, Minnesota, lying north of the northerly right-of-way line of Hennepin County Highway No. 47 except that part described as follows: Commencing at the northeast corner of said west 60 acres of the northeast '/4; thence south 0 degrees 08 minutes 02 seconds east, assumed bearing, along the east line of said west 60 acres of the Northeast '/4, a distance of 496.14 feet to the point of beginning of the land to be herein described; thence south 89 degrees 51 minutes 58 seconds west a distance of 320.00 feet; thence south 0 degrees 08 minutes 02 seconds east a distance of 323.54 feet to said northerly right-of-way line; thence northeasterly along said northerly right-of-way line to said east line; thence north 0 degrees 08 minutes 02 seconds west, a distance of 179.76 feet to the point of beginning. PARCEL B (16440 County Road 47) That part of the west 60 acres of the northeast '/4 of Section 5, Township 118, Range 22, Hennepin County, Minnesota described as follows: Commencing at the northeast corner of said west 60 acres of the northeast '/4; thence south 0 degrees 08 minutes 02 seconds east, assumed bearing, along the east line of said west 60 acres of the northeast '/4, a distance of 496.14 feet to the point of beginning of the land to be herein described; thence south 89 degrees 50 minutes 58 seconds west a distance of 320.00 feet; thence south 0 degrees 08 minutes 02 seconds east a distance of 323.54 feet to the northerly right-of-way line of Hennepin County State Aid Highway No. 47; thence northeasterly along said northerly right-of-way line to said east line; thence north 0 degrees 08 minutes 02 seconds west, a distance of 179.76 feet to the point of beginning. Note: The parcel designations used herein are f01' convenience only and do not represent an integral part cif the legal descriptions.